Welcome to Bully Expert™. The following are the terms and conditions (Agreement) for use of this Bully Expert™ service, which can be found at www.bullyexpert.com (the "Service" or "Site"). Bully Expert™ reserves the right to refuse service to anyone at any time without notice for any reason.
2. Definitions
In the terms and conditions that follow, the terms "user," "you" and "your" refer to the person who asks a question on this Site. "Bully Expert," "we," "us," and "our" will refer to Bully Expert™. "Terms" or "TOS" refer to the terms or terms of service contained in this Agreement. "Bully Expert" will be used to describe the person who answers questions on this Site.
3. Acceptance
By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Legal Disclaimer, Regis Corporation employee Disclaimer, if applicable to you, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. You must be at least 18 years old to use this Service. Your acceptance of these Terms is signified by completing the payment process. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18, are not seeking legal, medical, financial, mental health, psychiatric, or psychological advice, and are not an employee of Regis Corporation or one of its divisions. You have the right to have a record of these Terms and any related Agreement you enter into with Bully Expert™ made available on paper form upon request for no additional fee. Simply e-mail [email protected].
4. Right of Modification
Bully Expert™ reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. Bully Expert™ reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.
5. Billing Procedures
You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information. Bully Expert™accepts Paypal payments which are processed by Paypal. Your use of Paypal is subject to Paypal’s, not the Bully Expert’s, terms of use. Bully Expert™ is not responsible for Paypal's processing.
6. Restricted Activities
Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with Bully Expert™ (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system without our prior consent. Without limiting any other remedies, Bully Expert™ may suspend or terminate your use of our Service if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Bully Expert™. Bully Expert™ reserves the right, but is not obligated, to remove any content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.
7. Bully Expert is a Venue; Release
Bully Expert™ acts as a venue for entertainment purposes to allow anyone to ask any question, at anytime, from anywhere. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified professionals. Bully Expert™ is not the appropriate venue to deal with emergency or crisis situations. As a result, we have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of Experts to answer questions or the ability of Customers to pay for answers. Because we are a venue, in the event that you have a dispute with one or more users, you release Bully Expert™ (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"
8. Information Control and Storage
Bully Expert does not control the information provided by users that is made available through our website. Bully Expert™ is not responsible for the acts or omissions of users on the Site. You agree that Bully Expert™ is not responsible or liable for the deletion or failure to store information.
9. Exclusion of Warranties
BULLY EXPERT™ SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. BULLY EXPERT™ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BULLY EXPERT™ DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL BULLY EXPERT™ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.
10. Limitation of Liabilities
IN NO EVENT SHALL BULLY EXPERT™, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ME AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL BULLY EXPERT’S™ LIABILITY, AND THE LIABILITY OF ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BULLY EXPERT™ IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend and hold Bully Expert™, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees and costs, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. Bully Expert™ shall provide you reasonable notice of such claim.
12. Termination or Suspension of Service
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to terminate or suspend your service indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Termination does not affect your liability or obligations under this Agreement.
13. No Relationship with Users/Disclaimers
You acknowledge that no relationship (such as partnership, agent, joint venturer, attorney-client, or employee) is created between you and Bully Expert™ or between any user and Bully Expert™ by formation of this Agreement (or any of the Related Agreements) or by your participation on the site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY BULLY EXPERT™ AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL, FINANCIAL, MENTAL HEALTH, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE. USE AND PAYMENT OF THIS SERVICE DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
14. Proprietary Rights of Content
You acknowledge and agree that Bully Expert™ owns the rights to its website www.bullyexpert.com and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Bully Expert™, Bully Expert™ users, or Bully Expert™ Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
15. Press Releases and Other Information
The Site may contain information, articles, and press releases. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information.
16. Links to Third-Party Websites
The Bully Expert™ website may contain links to other websites operated by third parties, including but not limited to third-party websites that display the Bully Expert™ trademarks ("third-party websites"). These links are available for your convenience and are intended only to enable access to these Third-party websites and for no other purpose. The conditions of use and privacy policy of any third party website may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the Bully Expert™ website. Please review the conditions of use for all third party websites for more information about the terms and conditions that apply to your use of third party websites.
17. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any Bully Expert™ employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail. If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Bully Expert™ agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. Bully Expert™ shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of Bully Expert™ in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement shall be governed by, and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions. Each party using this website my services agrees to the exclusive jurisdiction of the courts of the State of Minnesota, and agrees that venue for any action resulting from this Agreement or the use of my Services shall be in Ramsey County, Minnesota and waives any and all jurisdictional, venue or inconvenient forum objections.
18. Location outside the United States
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the terms enforceable.
19. Disclosure of Information/Privacy
Thank you for visiting the Bully Expert™ site. Your privacy is very important to us. Simply stated, our policy is to collect no personal information about you when you visit the site, unless you affirmatively choose to make such information available to us. We ask that you not disclose personal information, including, but not limited to, your name, your employer, names of coworkers, or other such identifiers. We suggest the use of a personal/private email account. Bully Expert™ does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. The term "outside parties" does not include bullyexpert.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies, or protect ours or others' rights, property, or safety.
